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General Terms and Conditions of Sale

Hermes.com USA - September 26th 2014

Please read carefully the General Conditions of Sale and the General Conditions of Use of the Hermes.com website. You can also print the full text by clicking on the following link .

 

General terms and conditions of sale

The purchase of any products offered on Hermes.com website is subject to these Terms and Conditions ("Terms and Conditions of Sale").

Orders may only be placed on the Hermes.com website by individual consumers and corporations purchasing goods other than for resale. Any resale or distribution of HERMÈS products purchased on Hermes.com website is strictly prohibited.

HERMÈS OF PARIS, Inc and HERMÈS INTERNATIONAL

HERMÈS may update these Terms and Conditions of Sale at any time without prior notice. You can view the most current version of the Terms and Conditions of Sale at any time by clicking on the hyperlink labeled "customer service".

For each order on Hermes.com website, your acceptance of the Terms and Conditions of Sale in force at the date of the order will be requested.

 

1. Purchase - Terms of ordering

The Hermes.com website may be used to order a selection of HERMÈS products from HERMÈS, directly online via the Internet from the United States only.

You may also place your order by telephone by dialing 800 441 4488 (toll free number available only from within the United States) from Monday to Friday, 9.00 a.m. to 6.00 p.m. EST, from anywhere within the United States, excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America.

The delivery zone for Hermès products ordered via the Hermes.com website and the 800 number referred to above is restricted to the United States, excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America (see "Delivery zone").

An order can be placed for one or several delivery address. (see "Delivery Zone")

For each product selected on the Hermes.com website, a summary page will be displayed featuring a photograph of the item, its coloring and references, the quantity selected, its unit price and the total amount owed for your order. You should check that this information accurately reflects your selection before confirming your order. Upon confirmation, your order will be submitted to HERMÈS for processing (see "Acceptance of orders"). While every effort is taken to try to ensure that the coloring, design and style of the HERMÈS products in the photographs displayed on the Hermes.com website are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer equipment. HERMÈS reserves the right not to accept or to cancel your order in our sole discretion for any reason without liability if, among other things, the products are not available, are incorrectly priced or are otherwise incorrectly described. Accordingly, HERMÈS shall not be liable for any error or inaccuracy in the photographs or graphical representations of HERMÈS products displayed on the Hermes.com website. If you have any questions about the products, you may contact our Customer Service by clicking on the hyperlink labeled "customer service".

HERMÈS reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if HERMÈS has reasonable cause to suspect that such customer has violated these Terms and Conditions of Sale, or is engaged in any fraudulent activity or for any other legitimate cause.

To ensure the best quality service and product availability, you may not order on the Hermes.com website more than 9 items of the same reference number within a period of fifteen (15) calendar days.

For any exceptional order, we thank you to contact our Customer Service on the hyperlink "customer service" or by phone.

 

2. Purchase – Availability

Our offers of products are valid as they are displayed on the Hermes.com website, subject to availability. Instructions about the availability of products are provided at the time of the ordering. At times, errors may exist, especially in case of simultaneous orders of the same product by several customers. In the case of unavailability of a product after ordering, you will be informed by email or by phone as soon as possible, and it will be proposed to you either to order another item shown on the Hermes.com website in substitution or to cancel your order.

If you choose to cancel your order, you will be refunded if your bank account has been debited.

HERMÈS shall not be liable in case of stock outage or unavailability of products.

HERMÈS reserves the right to change at any time and without notice the items proposed on the HERMÈS website.

 

3. Purchase - Order Confirmation

At the end of the ordering procedure, you are invited to click on the "Pay" button, at which time your order will be transmitted to HERMÈS for processing and may not be amended or cancelled except pursuant to the conditions provided for herein the Terms and Conditions of Sale or in conditions provided for pursuant to applicable law. The confirmation of your order means your acceptance of the Terms and Conditions of Sale.

You will receive an order summary.

The data registered by the Hermes.com website establish the terms of the transactions between HERMÈS and its customers. In the case of a dispute between HERMÈS and its customers relating to a transaction entered into using the Hermes.com website, the data registered by HERMÈS are the terms of the transaction. Notwithstanding, HERMÈS reserves the right not to accept or to cancel your order if the products are not available are incorrectly priced or are otherwise incorrectly described.

 

4. Purchase - Price Payment

The prices of Hermès products are indicated in US dollars, excluding taxes and shipping costs (see "Shipping and Delivery").

HERMÈS reserves the right to modify the prices of products offered on the Hermes.com website at any time without prior notice. You will be charged the prices displayed on the Hermes.com website at the time your order was confirmed provided the goods ordered were available at this time, however, HERMÈS reserves the right not to accept or to cancel your order if the products are not available, are incorrectly priced or are otherwise incorrectly described.

You are required to pay for any order placed on the Hermes.com website immediately upon confirmation of your order. We only accept payment by charge card or credit card. Store credits or gift certificates issued by Hermès boutiques are not accepted for payment for items offered on the Hermes.com website.

All orders are payable in US dollars. We accept the following charge cards and credit cards: MasterCard®, Visa®, Diners Club®/Carte Blanche®, American Express®, and JCB®. Your order will only be dispatched once we have verified your payment method and received authorization to process your payment.

Your charge card or credit card will only be debited when your order is dispatched. If any of the products in your order are unavailable, we will only charge you the prices, taxes and shipping costs for the goods available.

 

5. Purchase - Reservation of title

The ordered products remain the property of HERMÈS until full payment is tendered to HERMÈS.

In case of a payment dispute, you undertake to return the received products to HERMÈS immediately upon request, and to assume the risks (in particular the loss, theft or damage) relating to the delivered products.

 

6. Shipping and Delivery - Delivery and In-Store Collection Zones

6.1. For deliveries to a postal address:

Goods purchased via the Hermes.com website may only be delivered within the United States.

Any delivery address situated outside this zone will be refused during the ordering procedure. HERMÈS will not process any order for which a post office box or APO/FPO address is provided.

Goods will be shipped to the delivery address(es) specified during the ordering procedure.

6.2. For collection in store:

You can collect your order made on Hermes.com in store. This service for Hermes.com customers is available at Hermès stores in Charlotte, New York (Madison, Madison Men and Wall Street store locations), Florida (Miami and Palm Beach), Texas (Dallas), Pennsylvania (King of Prussia), Virginia/Maryland (Washington DC), Nevada (Las Vegas City Center), California (Beverly Hills and San Francisco), Connecticut (Greenwich), New Jersey (Short Hills), Colorado (Denver) and Illinois (Chicago).

The option of collection in store will depend upon the billing address previously provided.

You can also designate a third party to come and collect your order in-store (see "Delivery Time - Time required for delivery and collection"). 

 

7. Shipping and Delivery - Delivery Zone

Goods purchased via the Hermes.com website may only be delivered within the United States, excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America.

Any delivery address situated outside this zone will be refused during the ordering procedure. HERMÈS will not process any order for which a post office box or APO/FPO address is provided.

Goods will be shipped to the delivery address(es) specified during the ordering procedure.

 

8. Shipping and Delivery - Shipping costs

You will be asked to select the shipment method you would prefer as part of the order procedure.

Delivery costs depend on the value of your order and the delivery service you select:

Order value Ground 2-Day Standard
Overnight
Priority
Overnight
Saturday
Delivery
Up to $200.00 $15.00 $25.00 $30.00 $40.00 $45.00
From $200.01 to $400.00 $20.00 $30.00 $35.00 $45.00 $50.00
From $400.01 to $700.00 $25.00 $35.00 $40.00 $50.00 $55.00
From $700.01 to $1000.00 $30.00 $40.00 $45.00 $55.00 $60.00
$1000.01 or more $35.00 $45.00 $50.00 $60.00 $65.00

For delivery to Alaska or Hawaii, you will be invoiced a supplement of $10.

- Ground: allow between three and seven working days between the date of your order and your date of delivery.
- 2-Day: your order must reach us before 2 p.m. (Eastern Time). It will be delivered within two working days.
- Overnight: your order must reach us before 2 p.m. (Eastern Time). It will be delivered the following working day. This option is not available for addresses in Hawaii and Alaska.

If you are not sure of your zip code, please contact our Customer Service on 800 441 4488 (toll free number available only from within the United States), we will be happy to assist you.

Shipping costs for each additional delivery address will be invoiced a lump supplement of $5.

We will inform you of the shipping costs for the shipment method you select in the order summary displayed on the Hermes.com website before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered.

 

9. Delivery Time - Time required for delivery and collection

9.1. For deliveries to a postal address:

During the ordering procedure, we will inform you of the time required for delivery and the various forms of delivery available for the goods purchased.

Some tableware, ready to wear and bedding items may be subject to delivery delays. If your order is not able to ship immediately, an Internet Shopping Specialist will contact you to provide more detail and an estimated shipping date.

However, HERMÈS reserves the right to divide your order into partial shipments. In this case, your method of payment will be debited for the goods shipped and for a single shipment.

9.2. For collection in store:

Your articles will ship the same day (for any order placed and validated before 2 p.m. on a workday).
Orders are shipped via FedEx Ground service.
Please allow 1-6 business days for delivery.

An email will be sent to you when your order is available in store.

To collect your order, please introduce yourself to a sales person when you arrive at the store. Please bring along:
- the email informing you of the availability of your order (printed out or on the screen of your phone)
- proof of identification

If you have chosen to have your order collected by a third party, this person must provide the sales specialist with:
- this email, passed on by you
- their ID

You have 21 days to collect your order from the receipt of the e-mail informing you of its availability in store.

 

10. Delivery Time - Problems of delivery

Any failure to deliver or late delivery exceeding eight (8) business days should be reported to our Customer Service as soon as possible. In order for your claim to be accepted, please notify us within thirty (30) calendar days from the date of confirmation of your order.

You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged goods, etc.) by hand, if possible, on the delivery notice, and sign.

If the goods do not conform to your order or you are not satisfied with them, you may return them, exchange them or request a refund according to the terms and conditions contained in the section entitled "Returns - Exchanges - Refunds".

 

11. Returns - Exchanges – Refunds

11.1. To Hermes.com:

You may return any product ordered on the Hermes.com website for exchange or refund within thirty (30) calendar days from the delivery date. Returned products must be in their original condition and packaging (the orange box and if possible the delivery box), together with their purchase invoice or a copy in the case of a partial return.

Returning a product for exchange or refund is free. In order to do this, you must return the articles to us via our carrier by using our system of pre-paid return labels. Connect to your account and click on "return or exchange items" in the "your orders" section. Follow the instructions which will allow you:
- to choose the articles to return as well as the reason for the return;
- to choose your delivery method (drop-off at a FedEx® location or collection of the package at your home by appointment service);
- to download and print your pre-paid return label.

A product ordered on the Hermes.com website that has been personalized cannot be returned for exchange or refund.

If you received an item as a gift from Hermes.com, you may exchange it for another item of equal or greater value (the difference in price must be paid by you, the recipient of the gift). Please contact our Customer Service Department who will send you the pre-paid label by email.

You may exchange the item either:
- for a different item in the same product category for scarves and ties; e.g. a silk twill scarf for a silk twill scarf, a silk twill tie for a silk twill tie or a tie in heavy silk for a tie in heavy silk;
- for one or several different items which together are equal in value to the full value of the original item you received as a gift.

The following conditions apply to perfume returns:

The product must not be open and must be returned in its original packaging (in the transparent film). If the transparent film has been opened or removed, the item will not be accepted for return or exchange.

If a product is defective or has been damaged during delivery, the client must ensure that the bottle is still hermetically sealed (if this is not the case, contact the Customer Service Department).

If you are unable or do not wish to use the pre-paid label service, please contact Customer Service who will record your return. You can then return your package to the following address:

H.O.P.
1 Broadway Road
Suite 1
Cranbury
New Jersey, 08512

In this case, please ensure your package for the full retail value of the item. HERMÈS OF PARIS will not be responsible or liable if any item you return to the Hermes.com website is lost, misdirected or delivered late insofar as you have to bear the risks of the shipping you have chosen.

If you exchange goods, the shipping costs for the first delivery will not be refunded. However, you will not be charged for the shipping costs of the second delivery. Only one exchange per item will be honored.

If you ask for a refund, HERMÈS will use commercially reasonable efforts to ensure that any refund will be made within ten (10) business days of receipt of the goods returned by crediting your charge or credit card. Under no circumstances will it be possible to grant you an electronic credit usable on the Hermes.com website, nor will the website issue a store credit for use in an Hermès boutique.

In either case (exchange or refund), the shipping costs incurred in returning any replacement goods to you will be refunded if you were justified in returning the goods because they were not as ordered (e.g., product reference error, damaged goods, etc.), if you did not use the pre-paid return labels system.

HERMÈS has sole discretion in determining whether the products are in original condition when returned to Hermes.com website.

We do not currently exchange or allow refunds for goods purchased in HERMÈS boutiques via the Hermes.com website.

Only one (1) return or exchange may be processed on an order.

11.2. To Hermès boutiques

Any HERMÈS product purchased (or received as a gift) from Hermes.com may also be exchanged for a different product or for a store credit in certain HERMÈS boutiques within thirty (30) calendar days following the date of delivery, subject to the following terms and conditions:
- Returns must be in their original condition and packaging
- You must provide the original receipt along with your return, or a copy of the receipt if you are returning part of your order. A list of HERMÈS boutiques offering exchange can be found by clicking on the link “Boutiques” and is also printed at the back of the receipt issued.
- The shipping costs of the delivery of a product purchased on the Hermes.com website will not be refunded when you return (for exchange or store credit) the product to an Hermès boutique.

HERMÈS boutiques do not offer refunds on any goods purchased on the Hermes.com website. Under no circumstances will it be possible to credit your charge or credit card.

11.3. For collection in store:

Upon collection of your order, you may request:
- an exchange or a store credit valid for 1 year
- a refund (except in the case of an order received as a gift).

HERMÈS SELLIER will take every commercially reasonable action to ensure that your credit card is credited within ten (10) business days of receipt of goods.

 

General terms and conditions of use

The Hermes.com website is operated by the HERMÈS group. HERMÈS INTERNATIONAL, the parent of the HERMÈS group, operates the Hermes.com website and has granted HERMÈS the right to sell a selection of Hermès products over the Internet.

HERMÈS OF PARIS, Inc. is the U.S. sales subsidiary of the HERMÈS group and has its principal office at 55 East 59th Street, New York, New York 10022.

The use of the Hermes.com website and the purchase of any products offered on Hermes.com website are subject to these terms and conditions ("Terms and Conditions of Use"). The use of the Hermes.com website constitutes your agreement to comply with, and be bound by, these Terms and Conditions of Use and your consent to the Privacy Policy for the Hermes.com website ("Privacy Policy"); see "Security and Personal Data." 

HERMÈS may update these Terms and Conditions of Use and the Privacy Policy at anytime without notice. By continuing to use the Hermes.com website following any such change, you agree to comply with and be bound by the Terms and Conditions of Use and consent to the Privacy Policy, each as modified. You can view the most current version of the Terms and Conditions of Use or of the Privacy Policy at any time by clicking on the hyperlink labeled "customer service".

 

1. Security and Personal Data

The Hermes.com Privacy Policy (see "Privacy Policy") governs the use of any personal information that you provide to HERMÈS  on this website, HERMÈS may modify or amend the Privacy Policy at anytime as provided in the Privacy Policy.

The Hermes.com website is not intended for minor children.

 

2. Intellectual Property

All material on the Hermes.com website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks, and all other intellectual property of any nature) are the exclusive property of HERMÈS and its subsidiaries. You may not reproduce, by any means or process (except as expressly provided herein), in full or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the Hermes.com website.

The "Hermès" trademark, the trademark image of a horse and carriage and all other HERMÈS related marks and logos, whether or not registered, displayed on the Hermes.com website, as well as the domain name "Hermes.com," are and will remain the exclusive property of HERMÈS. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior, express agreement of HERMÈS is prohibited.

You may not remove any copyright, trademark or other proprietary notice contained on the Hermes.com website or any content contained therein. You may make a single copy of web pages published on the Hermes.com website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein. 

 

3. Linking

The Hermes.com website may contain links to third party websites not under the operation or control of HERMÈS. Such links are provided as a convenience only and can not, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to the Hermes.com website if expressly authorized in writing by HERMÈS.

 

4. Limitation of Liability

HERMÈS shall not be liable to you or any third party for any indirect, incidental special or consequential damages, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use the Hermes.com website, even if HERMÈS has been advised of the possibility of such damages.

 

5. Disclaimer of Warranty

HERMÈS does not guarantee or represent that:
- the Hermes.com website is free from viruses, worms, trojan horses or other destructive material;
- the information contained on the Hermes.com website is accurate, complete or up to date.

The Hermes.com website may contain technical inaccuracies or other defects; HERMÈS does not guarantee that any such defects will be corrected. The Hermes.com website and its contents are provided on an "as is" and "as available" basis. HERMÈS expressly disclaims all warranties of any kind, whether express or implied.

 

6. Law – Disputes

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. The language of these Terms and Conditions of Use is English. In the event of a dispute, the Federal and State courts of the State of New York, County of New York, shall have exclusive jurisdiction over any such dispute and you hereby agree to submit to the exclusive jurisdiction of such court. HERMÈS shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder.

 

General Terms and Conditions of Use of La Maison des Carrés website

The use of the La Maison des Carrés website is subject to the present terms and conditions ('Terms and Conditions of Use'). The use of the La Maison des Carrés website constitutes your acknowledgment that you have read, understood and accepted without reservation these Terms and Conditions of Use and your consent to the terms of the privacy clauses for the La Maison des Carrés website (see "Security and Personal Data").

HERMÈS INTERNATIONAL may update these Terms and Conditions of Use and the Privacy Policy at any time.  The Terms and Conditions of Use and the Privacy Policy applicable at the time of using the La Maison des Carrés website are those you are applicable to you.

We advise you to keep regularly informed of the applicable terms and conditions. You can view the most current version of the Terms and Conditions of Use or of the Privacy Policy at any time by clicking on the hyperlink 'Legal issues'.

 

1. Security and Personal Data

The Hermes.com Privacy Policy (see "Privacy Policy") governs the use of any personal information that you agree to provide to HERMÈS INTERNATIONAL on this website. HERMÈS INTERNATIONAL may modify or amend its Privacy Policy at any time as provided in the Privacy Policy.

The La Maison des Carrés website is not intended for use by minors.

 

2. Intellectual Property

All materials featured on the La Maison des Carrés website (drawings, designs, models, illustrations, images, sound tracks, texts, logos, trademarks…) are the exclusive property of HERMÈS INTERNATIONAL or its subsidiaries. You may not reproduce, by any means or process, totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such materials contained on the La Maison des Carrés website.

The 'Hermès' trademark, the trademark image of a horse and carriage and all other Hermes related marks and logos, whether or not registered, displayed on the Hermes.com and La Maison des Carrés websites, as well as the domain name 'Hermes.com' and 'LaMaisondesCarres.com' are and will remain the exclusive property of HERMÈS INTERNATIONAL. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior, express agreement of HERMÈS INTERNATIONAL is prohibited.

You may not remove any copyright (droit d'auteur), trademark or other proprietary notice contained on the La Maison des Carrés website or any content contained therein. You may make a single copy of web pages published on the La Maison des Carrés website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright (droit d'auteur) and other proprietary notices contained therein.

 

3. Linking

The La Maison des Carrés website may contain links to third party websites that are not published or controlled by HERMÈS INTERNATIONAL. Such links are provided as a convenience only and cannot, and may not be interpreted as, an express or implied endorsement of such websites, their content or any products or services offered thereon.

You may only provide a link to the La Maison des Carrés website if expressly authorized in writing by HERMÈS INTERNATIONAL.

 

4. Limitation of Liability

HERMÈS INTERNATIONAL shall not be liable to you or any third party for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits or other indirect losses, arising out of or in connection with your use or inability to use the La Maison des Carrés website. This limitation of liability shall apply to the fullest extent permitted by law.

 

5. Disclaimer of Warranty

HERMÈS INTERNATIONAL does not warrant or represent that:

- the La Maison des Carrés website is free from viruses, data overwriting programs, trojan horses or other destructive material;

- the information contained on the La Maison des Carrés website is accurate, complete or up to date.

The La Maison des Carrés website may contain technical inaccuracies or other defects and HERMÈS INTERNATIONAL does not warrant that such defects will be corrected. The La Maison des Carrés website and its contents are provided on an 'as is' basis. HERMÈS INTERNATIONAL expressly disclaims all warranties of any kind, including without limitation, any implied warranty regarding the usual conditions of use of the La Maison des Carrés website or the adequacy of the website for a usual or specific use, its quality or compliance with all statutory provisions. This limitation of liability shall apply to the fullest extent permitted by law.

 

6. Governing law and Jurisdiction

These Terms and Conditions of Use shall be governed by and construed in accordance with French law in accordance with Regulation No. EC 593/2008 of 17 June 2008. These Terms and Conditions of Use are drafted in English. In the event of a discrepancy between the General Terms and Conditions of Use in English and the Terms and Conditions of Use in French, the latter shall prevail.

In the event of dispute, in accordance with the provisions of Regulation No. EC 44/2001 of 22 December 2000:

- you may file a claim either before the courts where you are domiciled, or before the French courts,

- HERMÈS INTERNATIONAL and/or HERMÈS SELLIER may file a claim before the courts where you are domiciled.

 

HERMÈS INTERNATIONAL reserves the right to seek and obtain injunctions or orders to protect its rights hereunder.